Posts

What is Florida’s implied consent law and how does it affect DUI cases?

/0 Comments/in /by

Fort Myers, FL – All drivers in Florida are required by law to take a chemical test when asked by law enforcement after an arrest. This is printed on all driver’s licenses in the state, and it is known as the implied consent law. A driver who has been charged should consult with their attorney to see how this law may be applied in their case or affect the outcome. 

The implied consent law and driving privileges

The state’s implied consent law says that a person has agreed to a test for the presence of alcohol or drugs in their body by a police officer in exchange for driving privileges. The main reason that this law exists is so that the state can prosecute people who refuse a breath, blood, or urine test even if they do not have the chemical test results to prove that the person was intoxicated. The implied consent law also makes a prosecutor’s job easier, as once the test has been collected, there is less room for a defense if the results clearly show that the person was impaired by alcohol or drugs. 

Because this law is stated on the person’s driver’s license, the suspect will have their driver’s license suspended immediately after refusing. Aside from the administrative suspension for a refusal, the criminal case for a DUI refusal has most of the same penalties as a standard DUI case where a chemical sample was collected. 

Reasons for a DUI refusal

There are many reasons why a suspect would refuse a chemical test during a DUI investigation. In Florida, a suspect is already under arrest when they are brought to a police station to take the test. This means that regardless of the results, the suspect is not released or set free. In a general sense, the state only conducts the test to provide additional evidence, while probable cause for the arrest is based on what the officer has already observed while at the scene. 

For these reasons, many defense attorneys have advised their clients to refuse a test if they know they have been drinking or using drugs, as in some situations taking the test will only make it easier for the state to prove the charges with concrete chemical evidence of impairment. In some cases, it may be better for the suspect to simply take the refusal charges. 

Retaining a local lawyer for help with criminal charges

Michael Raheb is a trusted attorney who defends local clients against the state’s DUI charges in the Fort Myers area. After being arrested, it is crucial for defendants to get legal advice and prepare a defense case as soon as possible.

Firm contact info:

The Law Offices of Michael M. Raheb, P.A.

2423 First Street, Fort Myers, FL 33901

866-949-0888

www.michaelraheb.com

What causes police to begin a DUI investigation during a traffic stop in Florida?

/0 Comments/in /by

Fort Myers, FL – After someone has been stopped for a traffic infraction, they may be investigated for drunk driving as well. Police receive training regarding how intoxicated drivers appear and behave, and noticing these signs will give probable cause to contact a DUI certified officer and begin an investigation. 

Indicators of impairment

When police notice certain behaviors that may lead them to believe that the driver is under the influence of alcohol or drugs, they call these indicators of impairment. Under Florida law, they will generally look for at least three different signs before asking the suspect to step out of their vehicle. These indicators can include bloodshot eyes, the smell of alcohol, the driving pattern before the stop, slurred or mumbled speech, the presence of open containers or drug paraphernalia in the vehicle, and admissions regarding where the person was driving away from. 

After suspecting a driver of being intoxicated

The officer usually orders the suspect to secure their vehicle and step out of the car. They are asked to complete field sobriety exercises on the scene to test their physical abilities to follow instructions and complete certain movements. Based on their performance on the exercises and their behavior and demeanor, the officer may choose to make an arrest. In Florida, there is no chemical test for the presence of drugs or alcohol until the person is already under arrest and transported to a police station that has the proper equipment for a test of breath, blood, or urine. 

Problems with this kind of investigation

Over the years, defense lawyers have found a number of problems with these procedures for finding and prosecuting intoxicated drivers. There may be innocent explanations for a person’s appearance, such as being tired or working around chemicals with certain smells that are similar to alcohol. Field sobriety exercises are often conducted on a poorly lit roadside with little room for the suspect to move around freely and without obstructions. Some individuals may not even have the athletic ability to complete the exercises even if they are totally sober. There have also been situations where innocent individuals have been arrested because there is no chemical test until after the arrest, and the suspect is not released even if their chemical test shows no alcohol or drugs in their body.  

Preparing a defense against DUI charges in Florida

Michael Raheb is an experienced DUI defense attorney who practices in Fort Myers. After an arrest, a driver who is facing criminal charges can contact the firm to learn more about how his office can help with plea negotiations or representation at trial. 

Firm contact info:

The Law Offices of Michael M. Raheb, P.A.

2423 First Street, Fort Myers, FL 33901

866-949-0888

www.michaelraheb.com